05-28-2002 CC MIN-FLEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, MAY 28, 2002
Members Present: Mayor ICdinzing, Councilmembers Dietz, Kuester, Motin, and Tveite
Members Absent: None
Staff Present:
City Administrator Pat Klaers, Director of Planning Michele McPherson,
Senior Planner Scott Harlicker, Planner Chris Leeseberg, Street/Park
Superintendent Phil Hals, Fire Chief Bruce West, City Engineer Terry
Maurer, City Attorney Peter Beck, and Recording Secretary Tina Allard,
1. Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called
to order at 6:00 p.m. by Mayor Klinzing.
2. Consider 5/28/2002 Agenda
City Eng/neer Terry Maurer requested to add Item 4.2.A. Consider Resolution Approving
Plans/Specifications and Advertisement for Bids for Zane Avenue Improvements. City
Administrator Pat Klaers requested to move Item 3.4 to Item 4.0 and add to Item 4.0
Accept Resignation of Dawnette Sayler and Authorization to Hire Part Time Office
Assistant. -
COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA AS
AMENDED. COUNCILMEMBER KUESTER SECONDED THE MOTION.
THE MOTION CARRIED $-0.
3. Consider Consent Agenda
COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONSENT
AGENDA AS FOLLOWS:
3.2.
3.3.
5/20/02 CITY COUNCIL MINUTES
CHECK REGISTER
HIRE BIG JON'S CONSTRUCTION COMPANY, INC. TO REPLACE
THE FORCE MAIN AT 193e,° AVENUE AND MEADOWVALE ROAD IN
THE AMOUNT OF $18,260.00
COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
City Council Minutes Page 2
May 28, 2002
4.0. Consider H/ring Summer Help for Street Department, Accept Resignation of Dawnette
Sayler, and Authorization to Hire Part Time Office Assistant
Street/Park Superintendent Phil Hals requested to hire six employees for the summer.
COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE HIRING OF SIX
EMPLOYEES FOR THE SUMMER. COUNCILMEMBER MOTIN SECONDED
THE MOTION. THE MOTION CARRIED 5-0.
Mr. Hals stated that Part Time Office Assistant Dawnette Sayler has taken a position with
another company and that applicant Debra Larson applied for this same position when it
was open four months ago. He stated that she would be a good candidate for the position.
COUNCILMEMBER TVEITE MOVED TO AUTHORIZE THE HIRING OF
DEBRA LARSON AS PART TIME OFFICE ASSISTANT IN THE STREET
DEPARTMENT AT PAY GRADE 5, LEVEL 1 AT $10.99 PER HOUR.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
4.1.
Discuss T~vin Lakes Road Signal Request Associated with Elk River Station Development
Proposal
City Engineer Terry Maurer stated that the city envisions Tyler Street to be a major route for
moving traffic in the eastern part of town and wants to keep traffic signals to a minimum.
He stated that it would set the wrong precedent to allow a signal to be placed on any street
for any development because the developer wants the signal. He stated that the proposed
Elk River Station Addition may be too dense and that the current proposal does not have
enough full access points.
Len Pratt, developer for the proposed Elk River Station, stated that his company has done
some further traffic analysis for Tyler Street near the Northstar Commuter Park and Ride.
He stated that they could reduce the townhomes in Elk River Station by 25 percent and
relocate a commercial business to reduce the amount of traffic and then a traffic signal could
be avoided on Tyler Street.
John Peterson, developer for Elk River Station, stated that if a signal light were installed at
the southerly access point to their development then he would be concerned about traffic
backing up onto the railroad tracks. However, if the proposed northern access were a full
access, then a signal could work well at this location. Mr. Peterson and Mr. Pratt are looking
for clkection from Council on how to proceed with a possible signal and the access points
for their development.
Councilmember Motin questioned the safety of the two access points with drivers trying to
cross two lanes of traffic moving in both directions. He asked whether a signal would be a
safer alternative. Mr. Maurer stated that the access points would be considered safe without
a traffic signal but that there would be delays at busy times throughout the day.
Councilmember Tveite stated that Tyler Street is designed to move traffic and shouldn't
have any signals. He stated that the signal should be considered in the future if a need is
determined.
City Council Minutes Page 3
May 28, 2002
Councilmember Kuester stated that a signal should not be at either of these two access
points.
Councilmember Dietz and Mayor Klinzing agreed with Mr. Maurer's comments and they
feel that a signal should not be installed for this project and that the density of this
development should be reduced.
4.2.
Consider Resolution Approving Plans/Specifications and Advertisement for Bids for the
Orono Parkway improvement Project
City Engineer Terry Maurer stated that plans and spedficadons for the Orono Parkway
improvements, consisting of closing the existing median, creating new medians, and
lowering the medians to the top of the curb line, are ready for approval. He stated that he
met with Liz Tveite, President of the Sherburne County Fair Board, to discuss new access
points for the fairgrounds.
COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 02-45
APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE
ADVERTISEMENTS FOR BIDS IN THE MATTER OF THE ORONO
PARKWAY IMPROVEMENT OF 2002. COUNCILMEMBER KUESTER
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
City Administrator Pat Klaers stated that funding for this project would come from the
Street Reserves Fund.
4.2.A. Consider Resolution Approving Plans/Specifications and Advertisement for Bids for Zane
Avenue Improvements
City Engineer Terry Maurer stated that the plans and spedfications are ready for the Zane
Street Improvements. He stated that the acquisition of the easement on Dwight Iadrkeide's
property should be finalized by Friday, May 31, 2002.
Mayor Kdinzing questioned if Mr. Kirkeide is aware that the city is proceeding with the Zane
Street improvements. Mr. Maurer stated that Mr. ICirkeide is fully aware of the hearing
scheduled for Friday and the eminent domain process to acquire a portion of his property.
He stated that if there were any option available to go around Mr. Ki_rkeide's property, the
city would have considered it. City Attorney Peter Beck stated that the city has been trying
to work out this acquisition with Mr. Kirkeide but that the acquisition will most likely end
up in court on Friday, May 31, 2002.
COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 02-46
APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE
ADVERTISEMENT FOR BIDS IN THE MATTER OF THE ZANE AVENUE
STREET AND UTILITY IMPROVEMENT OF 2002. COUNCILMEMBER
TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0.
4.3.
Consider Adoption of Fi.reworks Ordinance and Resolution Adopting Permit Fees for a
Fireworks Permit
Fire Chief Bruce West stated that the legislature has passed a bill legalizing the sale and use
of fzreworks. He stated that the city has drafted an ordinance regulating the display, sales,
City Council Minutes
May 28, 2002
storage, and use of f~reworks in Elk River. He reviewed the proposed ordinance and
resolution with Council.
Page 4
Mayor Klinzing requested that the term juveniles be changed to "Any person under age
18..."
Councilmember Motrin requested that section 209.08, number 9 and 10 include language
stating, "...displays and/or storage shah be limited to..."
City Administrator Pat Klaers stated that this new ordinance would be publicized on June 5.
COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 02-08
SECTION 209, WITH THE ABOVE MENTIONED CHANGES, ENTITLED
"FIREWORKS," REGULATING THE DISPLAY, SALES, STORAGE, AND USE
OF CONSUMER FIREWORKS. COUNCILMEMBER MOTIN SECONDED
THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 02-47
ADOPTING PERMIT FEES FOR A FIREWORKS PERMIT.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
4.4. Consider Snowplowing Policy Change
City Administrator Pat Klaers stated that he met with street department employees to
discuss concerns over wage and benefits and that the most significant issue that arose related
to the "hours worked" personnel policy change made in December of 1999. The main issue
is that vacation and sick hours no longer counted towards "hours worked" for the purposes
of overtime. He stated that the street department employees want this policy changed back
to the status of all hours worked, regardless if vacation time, holiday time, or sick time is
taken, be counted as hours worked for the purpose of overtime. Mr. Klaers stated that the
policy was changed to be more consistent with federal law. Other issues mentioned by the
street department include the number of steps in the pay plan and starting pay. He stated
that the department requested an appeal process if their requests are denied at the staff level.
Councilmember Dietz stated that the street department has recently received increases in
insurance contributions and pay grade changes. He said he would support the
recommendation that Saturdays and Sundays be paid at overtime rates but that the other
changes requested by the employees should remain the same.
Councilmember Tveite questioned if the street department would view this compromise of
overtime pay on Saturdays and Sundays as a positive or negative in terms of support from
Council.
Street/Park Superintendent Phil Hals stated that it wouldn't be everything the street
department employees are requesting but would be viewed as a positive step in the right
dizection.
MAYOR KLINZING MOVED TO APPROVE THAT ALL EMPLOYEES
WORKING ON SNOW REMOVAL DUTIES ON SATURDAYS AND SUNDAYS
BE PAID OVERTIME RATES. COUNCILMEMBER KUESTER SECONDED
THE MOTION. THE MOTION CARRIED 5-0.
City Council Minutes
May 28, 2002
Page 5
4.5.
4.6.
Discuss Annual Report Meeting
City. Administrator Pat K/aers discussed the current annual report format. He asked for
Council feedback on the format for next year's report.
Councilmember Dietz suggested that there be more involvement with department heads,
such as having them present their own goals and either the Administrator or the department
head presenting their report. He suggested having a question and answer session after each
grouping of departments by services was presented rather than at the end of all the reports.
Mayor Klinzing suggested that a set timeframe (2 hours) continue for future presentations.
Mayor Klinzing and Councilmember Dietz liked the idea of a video on general city projects
(and not so much day-to-day activities) but also wanted the video in segments by services.
Generally the Council felt the presentation should highlight upcoming activities more than
the projects from the past year.
Review Council Meeting Schedule
City Administrator Pat Klaers discussed the Council schedule for the summer. He
questioned whether the city should do a direct ma/ling to Chamber of Commerce members
regarding the MnDOT presentations for Highways 10 and 169.
The Council agreed that a direct mailing was not needed, as the Chamber would have an
article in their newsletter and there may be an article in the Elk River Star Netvs. The
meetings will also be advertised on ERtV 12 and on the McPherson Report.
The Council agreed to the August 12 budget worksession.
Discussion was held regarding fees and policies for the Lions Park Center and the upcoming
meeting with the Lions Club.
Councilmember Motin felt that service organizations should be charged a fee.
Councilmember Dietz stated that everyone should have to pay to use the Center. He stated
that the city needs to cover costs for operations of the Center.
Mayor I~linzing stated that the banks around the pond in Lions Park are deteriorating. She is
concerned about the safety of children on the banks of the pond.
Open Mike
There was no one present for open mike.
Other Business
Discussion was held regarding the scheduling and maintenance of fields owned by the
school district. It was the consensus of Council that the school should maintain the school
fields.
City Council Minutes
May 28, 2002
7. Staff Updates
Page 6
City Attorney Peter Beck stated that the Cargill matter is officially closed.
Adjournment
There being no further business, Mayor ICtinzing adjourned the meeting of the Elk River
City Council at 8:20 p.m.
Tina Allard
Recording Secretary